# COMAR Title 10 — Maryland Department of Health

## Subtitle 63 — Community-Based Behavioral Health Programs and Services

### Chapter 06 — Application and Licensure Process

#### Regulation .18 Civil Money Penalties.

*COMAR 10.63.06.18*

A. Notwithstanding any penalty that may be imposed under the Civil False Claims Act, pursuant to Health-General Article, §2-611, Annotated Code of Maryland or other statute, the Department may impose a civil monetary penalty on a person for:

  (1) Operating a community-based behavioral health services program without a license, if one is required by law or regulation;

  (2) Any material and egregious violation of any provision of this subtitle; or

  (3) Both.

B. In determining whether a civil monetary penalty is to be imposed, the Department shall consider the following, among any other relevant factors:

  (1) The nature, number, and seriousness of the deficiencies;

  (2) The extent to which the deficiency or deficiencies are part of an ongoing pattern;

  (3) The degree of risk to the health, life, or safety of the individuals receiving services from the program;

  (4) The efforts made by the program, and the ability of the program, to correct the deficiency or deficiencies; and

  (5) The program’s prior history of compliance or non-compliance.

C. In determining the amount of any civil money penalty to be imposed, the Department shall consider the factors listed in §B of this regulation, among any other relevant factors.